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Ord 2095 - Amending the Zoning Ordinance Effecting a Zone Change from CM to CM:PD at 14300-14350 Winchester BoulevardORDINANCE 2095 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE ZONING ORDINANCE EFFECTING A ZONE CHANGE FROM CM TO CM:PD AT 14300 -14350 WINCHESTER BOULEVARD THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: SECTION I The Town Code of the Town of Los Gatos is hereby amended to change the zoning at 14300 & 14350 Winchester Boulevard as shown on the map which is attached hereto marked Exhibit A and is part of this Ordinance from CM (Controlled Manufacturing), to CM:PD (Controlled Manufacturing /Planned Development). SECTION II The PD (Planned Development Overlay) zone established by this Ordinance authorizes the following construction and use of improvements: 1. Demolition of all existing improvements on the site; 2. Construction of a research and development /office complex up to 288,000 square feet and 135 residential apartments including 101 market rate, 27 Below Market Price (BMP) and seven teacher /public safety units. 3. Landscaping, parking, and other site improvements shown and required on the Official Development Plan (Exhibit B); 4. Uses permitted are residential and those uses specified in the underlying CM (Controlled Manufacturing) zone by Sections 29.70.220 (Permitted Uses) and 1 f..,�l 29.20.185 (Table of Conditional Uses) of the Zoning Ordinance, as those sections exist at the time of the adoption of this Ordinance, or as they may be amended in the future subject to any restrictions or other requirements specified elsewhere in this ordinance including, but not limited to, the Official Development Plan. However, no use listed in Section 29.20.185 is allowed unless specifically authorized by this Ordinance. 5. The R & D /office complex is limited to a maximum of eight tenants. SECTION III COMPLIANCE WITH OTHER DEVELOPMENT STANDARDS All provisions of the Town Code apply, except when the Official Development Plan specifically shows otherwise. SECTION IV Architecture and Site Approval is required before any construction work for the project is performed, whether or not a permit is required for the work and before any permit for construction is issued. Construction permits shall only be issued in a manner complying with Section 29.80.130 of the Zoning Ordinance. SECTION V The attached Exhibit A (Map) and Exhibit B (development plans received by the Town of Los Gatos on December 21, 2001, 17 sheets), incorporated herein by this reference, are part of the Official Development Plan. The following must be complied with before issuance of any grading, demolition or construction permits, unless otherwise stated: TO THE SATISFACTION OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: (Planning Division) 2 1. ARCHITECTURE AND SITE APPROVAL REQUIRED. A separate Architecture and Site Application and approval shall be required for the research and development /office buildings, apartment buildings, parking areas and landscape improvements. 2. BUILDING SIZES. The size of the R & D /office complex shall be up to 288,000 square feet, inclusive of any conference facilities, cafeteria, fitness center or other amenities. The size and composition of the 135 apartments shall be determined as part of the architecture and site approval process. 3. OFFICIAL DEVELOPMENT PLANS. The Official Development Plans provided is conceptual in nature. Final footprints and building designs shall be determined during the architecture and site approval process. 4. COMMUNITY BENEFIT. The applicant shall enter into an agreement with the Town for provision of the community benefits being offered with the project. The agreement shall include details on the timing and implementation of each item and shall be approved by the Town Attorney and the Director of Community Development prior to issuance of any building permits for the project. 5. "CULTURAL RESOURCES MITIGATION MEASURE 4.8 -1. If it is demonstrated that there are intact deposits of significant archaeological materials, a plan for the mitigation of - impacts to these resources shall be submitted to the Planning Division for approval prior to resumption of construction activities in the area of identified deposits. If cultural or archaeological resources are uncovered during construction, all work must be halted within a 50 -foot radius of the find, the Community Development Director shall be notified, and a qualified archaeologist must be retained to examine the find, determine its significance and 3 make appropriate recommendations. Project personnel shall not alter the materials or their context or collect cultural resources. The cost of the Town retaining a qualified archaeologist shall be paid for by the property owner /developer. If human remains are discovered, the Los Gatos Police Department and Santa Clara County Coroner shall immediately be notified. The Coroner would determine whether or not the remains were Native American. If the Coroner determines that the remains are not subject to his or her authority, the Coroner shall notify the Native American Heritage Commission, who would attempt to identify descendants of the deceased Native American. 6. TREE REMOVAL PERMIT. A Tree Removal Permit shall be obtained prior to the issuance of a Building, Grading or Encroachment Permit. 7. RECYCLING. All wood, metal, glass, and aluminum materials generated from the demolished structure shall be deposited to a company that will recycle the materials. Receipts from the company(s) accepting these materials, noting type and weight of material, shall be submitted to the Town prior to the Town's demolition inspection. 8. DEMOLITION. The demolition of existing structures and facilities on the former Maxxim Medical site shall not take place until the Planned Development has been approved by the Town Council. 9. BELOW MARKET PRICE PROGRAM. The developer shall designate 27 ofthe residential units as BMP units. In addition, seven residential units shall be available to teachers in the Los Gatos - Saratoga Joint Union High School District, the Los Gatos Union School District or other schools within the Town's boundaries. If teachers are not available to fill these units, then the units shall be subject to the Town's Below Market Price Program. Teachers M shall have the first right of refusal for the teacher units. The rental agreement shall be prepared by the developer and the Town staff prior to issuance of building permits. A deed restriction shall be recorded prior to issuance of building permits, stating that the BMP units must be rented as below market priced units pursuant to the Town's BMP requirements. The deed restriction shall also indicate the rental agreement of the teacher units. (Building Division) 10. "GEOLOGIC GEOLOGIC MITIGATION MEASURE 4.3 -1: Prior to issuance of any building permits, project plans shall demonstrate compliance with 1997 Uniform Building Code requirements for structural and seismic loads and recommendations made by Lowney Associates, as required by the Building Division. 11. * *GEOLOGIC MITIGATION MEASURE 4.3 -2: The undocumented fill on the site shall be completely removed and replaced with engineered fill in order to minimize differential settlement and possible damage to the buildings. In addition, sheet piles that were left in place shall be cut and removed during excavation activities. 12. * *AIR QUALITY MITIGATION MEASURE 4.6 -1. Construction activities shall comply with the "Basic Control Measures" and applicable "Optional Control Measures" for dust emissions as outlined in the Bay Area Air Quality Management District CEQA Guidelines. 13. PERMITS REQUIRED. A building permit application shall be required for each proposed structure. Separate Electrical /Mechanical /Plumbing permit shall be required as necessary. 14. CONSTRUCTION PLANS. The Conditions of Approval shall be stated in full on the cover sheet of the construction plan submitted for building permit. 5 15. SIZE OF PLANS. The maximum size of construction plans submitted for building permits shall be 24 inches by 36 inches. 16. PLANS. The construction plans for this project shall be prepared under direct supervision of a licensed architect or engineer (Business and Professionals Code Section 5538). 17. DEMOLITION REQUIREMENTS. Contact the Bay Area Air Quality Management District at (415) 771 -6000 and complete their process as necessary before obtaining a demolition permit from the Town Building Department. As part of the permit application process a site plan shall be provided that includes all existing structures and existing utility lines such as water, sewer, and P.G. &E. No demolition work shall be done without first obtaining a demolition permit from the Town. 18. SOILS REPORT. Two copies of a soils report, prepared to the satisfaction of the Building Official, containing foundation and retaining wall design recommendations, shall be submitted with the building permit application. This report shall be prepared by a licensed civil engineer specializing in soils mechanics. 19. FOUNDATION INSPECTIONS. A pad certificate prepared by a licensed civil engineer or land surveyor shall be submitted to the project building inspector upon foundation inspection. This certificate shall certify compliance with the recommendations as specified in the soils report and the building pad elevation and on -site retaining wall locations and elevations are prepared according to approved plans. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer for the following items: a. Pad elevation 2 b. Finish floor elevation C. Foundation corner locations 20. TITLE 24 ENERGY COMPLIANCE. California Title 24 Energy Compliance forms CR- IR and MF -IR shall be printed on the construction plans. 21. TITLE 24 ACCESSIBILITY - COMMERCIAL -1. On -site parking facilities shall comply with the latest California Title 24 Accessibility Standards. Accessibility parking shall be provided for in both covered and uncovered parking areas. 22. TITLE 24 ACCESSIBILITY - COMMERCIAL -2. On -site general path of travel shall comply with the latest California Title 24 Accessibility Standards. Work shall include, but shall not be limited to, accessibility to building entrances from parking and sidewalks. 23. TITLE 24 ACCESSIBILITY - COMMERCIAL -3. The buildings shall comply with the latest California Title 24 Accessibility Standards. Necessary work shall be first investigated by the design architect then confirmed by Town staff. 24. SPECIAL INSPECTIONS. When a special inspection is required by UBC Section 1701, the architect or engineer of record shall prepare an inspection program that shall be submitted to the Building Official for approval prior to issuance of any building permits, in accordance with UBC Section 106.3.5. Please obtain Town Special Inspection form from the Building Division Service Counter. The Town Special Inspection schedule shall be printed on the construction plans. 25. NON -POINT SOURCE POLLUTION STANDARDS. The Town standard Santa Clara Valley Non -point Source Pollution Control Program specification sheet shall be part of plan VA d submittal. The specification sheet is available at the Building Division service counter. 26. ADDITIONAL AGENCY APPROVALS REQUIRED. The project requires the following agency approvals before issuance of a building permit: a. West Valley Sanitation District 378 -2407 b. Santa Clara County Fire Department: 378 -4010 C. Campbell Union School District: 378 -3405 d. Campbell Union High School District: 371 -0960 Note: Obtain the school district forms from the Town Building Department, after the Building Department has approved the building plans. TO THE SATISFACTION OF THE DIRECTOR OF PARKS AND PUBLIC WORKS: (Engineering Division) 27. "HYDROLOGY AND WATER QUALITY MITIGATION MEASURE 4.4 -3. Note: the permit process and storm water management requirements have been updated since the EIR was prepared. A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared prior to start of construction. The SWPPP and project plans shall be reviewed by the Town Engineering staff, and any applicable measures contained in the amended provisions C.3 and C.14 of Order 01 -024 shall be incorporated. The SWPPP shall be in conformance with the Santa Clara County NPDES Permit as amended by the San Francisco Bay Regional Water Quality Control Board (RWQCB) on October 17, 2001. The SWPPP shall be approved concurrently with the grading, drainage and erosion control plans. 28. NOTICE OF INTENT. A Notice of Intent (NOI) shall be filed with the San Francisco Bay f � RWQCB. A copy of the NOI shall be provided to the Town Engineering Division. 29. "TRANSPORTATION & TRAFFIC RECOMMENDATIONS: a. The Winchester Boulevard driveway shall be designed to provide inbound and outbound lanes in order to adequately serve project generated traffic. b. If possible, through discussions with VTA, Union Pacific Railroad, adjacent property owners and the Town, a bikeway shall be provided along the Winchester Blvd. frontage and A Street to enhance bicycle access to and within the project. C. If possible, through discussions with VTA, Union Pacific Railroad and the Town, a bus stop shall be installed on northbound Winchester Blvd., just past the driveway entrance. The bus stop shall include the following improvements: (1) minimum 22 foot curb lane or bus duckout consistent with VTA Bus Duckout Standards; (2) a PCC bus stop pavement pad consistent with VTA Bus Stop Pavement Details; (3) an eight foot wide passenger waiting area; and (4) wheelchair curb ramps across the railroad tracks. d. The applicant shall contact Union Pacific Railroad Company and VTA prior to construction to determine if any fiber optic cable facilities will be affected by the proj ect. e. The proposed connection between the Los Gatos Creek Trail and future VTA light rail station at the southern edge of the project site shall be developed and accessible to both pedestrians and bicyclists, by the time the shuttle is operational. Location and details of the trail shall be developed under the Architecture & Site application 30. "TRANSPORTATION & TRAFFIC RECOMMENDATIONS: 9 The following provisions or improvements shall be made: a. If larger trucks need to access the site, the loading areas shall be designed to accommodate them. b. Sidewalks shall be provided on both sides of the main entrance driveway and around the perimeter of each building. C. A comprehensive network of internal sidewalks shall be provided. d. Well lighted pedestrian and bicycle paths between buildings, transit locations and bicycle parking shall be provided. e. Bicycle racks shall be provided for short -term visitor parking and bicycle lockers shall be provided for project employees in conformance with VTA's Bicycle Technical Guidelines. 31. GRADING PERMIT. A grading permit is required for all on -site grading, erosion control and improvements (roadway, storm drainage, utilities, lighting, etc.). A separate application for a grading permit (with grading plans) shall be made to the Engineering Division of the Parks & Public Works Department. The grading plans shall include final grading, drainage, retaining wall location, driveway, utilities and interim erosion control. Unless specifically allowed by the Director of Parks & Public Works, the grading permit will be issued concurrently with the building permit. 32. SOILS REPORT. Two copies of the soils and geologic report shall be submitted with the grading permit application. The soils report shall include specific criteria and standards governing site grading, drainage, pavement design, retaining wall design, and erosion control. The reports shall be signed and "wet stamped" by the engineer, in conformance with 10 Section 6735 of the California Business and Professions Code. 33. DEDICATIONS. The following shall be dedicated prior to issuance of any permits: a. Public Service Easement (PSE). All on -site roadways shall be within PSE'S. b. Ingress- egress, storm drainage and sanitary sewer easements, as required. 34. TRAFFIC IMPACT MITIGATION FEE (COMMERCIAL). The developer shall pay a fee proportional to the project's share oftransportation improvements needed to serve cumulative development within the Town of Los Gatos. The fee amount will be based upon the Town Council resolution in effect at the time the building permit application is made. The fee shall be paid when the building permit is issued. The traffic impact mitigation fee shall be calculated from the final plans using the rate schedule in effect at the time of the building permit application and shall be based on the net increase in trip generation as determined by the traffic analysis prepared by Fehr & Peers. 35. LIGHTING. Final exterior lighting plans shall be reviewed with the Architecture & Site application. (Public Works Division) 36. GENERAL. All public improvements shall be made according to the latest adopted Town Standard Drawings and the Standard Specifications for Public Works Construction. All work shall conform to the applicable Town ordinances. Adjacent public right -of -way shall be kept clear of all job related dirt and debris at the end of day. Dirt and debris shall not be washed into storm sewers. The storing of goods and materials on the sidewalk and /or street will not be allowed unless a special permit is issued. The developer's representative in charge shall beat the job site during all working hours. Failure to maintain the public right- of -way according to this condition may result in the Town performing the required 11 maintenance at the developer's expense. 37. PUBLIC WORKS INSPECTIONS. The developer or his representative shall notify the Public Works Inspector at least twenty -four (24) hours before starting any work pertaining to on -site drainage facilities, grading, or paving; and all work in the Town's right -of -way. Failure to do so will result in rejection of work that went on without inspection. 38. GRADING INSPECTIONS. The soils engineer or his qualified representative shall continuously inspect all grading operations. The soils engineer shall submit a final grading report before occupancy /Certificate of Completion. 39. NON -POINT SOURCE POLLUTION PREVENTION. On -site drainage systems shall include a filtration device in the catch basins or a grease and oil separator shall be installed. 40. UTILITIES. The developer shall install all utility service, including telephone, electric power, and other communications lines underground, as required by Town Code §27.50.015(b). 41. RESTORATION OF PUBLIC IMPROVEMENTS. The developer shall repair or replace all existing improvements not designated for removal that are damaged or removed because of developer's operations. Improvements such as, but not limited to, curbs, gutters, sidewalks, driveways, signs, pavements, raised pavement markers, thermoplastic pavement markings, or signs shall be repaired and replaced to a condition equal to or better than the original condition. Existing improvements to be repaired or replaced shall be at the direction of the Engineering Construction Inspector, and shall comply with all Title 24 Disabled Access provisions. Developer shall request a walk - through with the Engineering Construction Inspector before the start of construction to verify existing conditions. 42. AS- BUILT PLANS. After completion of the construction of all work in the public right -of- 12 e-i way or public easements, the original plans shall have all changes (change orders and field changes) clearly marked. The "As- built" plans shall again be signed and "wet- stamped" by the engineer who prepared the plans, attesting to the changes. The original "As- built" plans shall be reviewed and approved the Engineering Inspector. A photo mylar of the approved "As- built" plans shall be provided to the Town before the release of the Faithful Performance Security. 43. ENCROACHMENT PERMIT. All work in the public right -of -way will require a Construction Encroachment Permit. All work over $5,000 will require construction security. 44. SANITARY SEWER LATERAL. Sanitary sewer laterals shall be televised by West Valley Sanitation District and approved by the Town of Los Gatos before they are used or reused. Install a sanitary sewer lateral clean -out at the property line. 45. GRADING INSPECTIONS: The soils engineer or his /her qualified representative shall continuously inspect all grading operations. The soils engineer shall submit a final grading report before occupancy /Certificate of Completion. 46. SURVEYING CONTROLS. Horizontal and vertical controls shall be set and certified by a licensed surveyor or registered civil engineer qualified to practice land surveying for: a. Retaining wall - top of wall elevations and locations; and b. Toe and top of cut and fill slopes 47. EROSION CONTROL. Interim and final erosion control plans shall be prepared and submitted to the Engineering Division of the Parks & Public Works Department. On sites over five (5) acres, a Notice of Intent (NOI) and Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the San Francisco Bay Regional Water Quality Control Board. Grading activities shall be limited to the period of least rainfall (April 15 to October 13 1). A maximum of two weeks is allowed between clearing of an area and stabilizing /building on an area if grading is allowed during the rainy season. In addition, fiber rolls, silt fences and erosion control blankets shall be stored on -site for emergency control, if needed. Install fiber berms, check dams, retention basins, silt fences, etc., as - needed on the project site to protect down stream water quality during winter months. 48. SIDEWALK REPAIR. The developer shall repair and replace to Town standards any sidewalk damaged now or during construction of the project. Sidewalk repair shall match existing color, texture and design, and shall be constructed per Town Standard Detail. The limits of sidewalk repair will be determined by the Engineering Construction Inspector during the construction phase of the project. 49. CURB AND GUTTER. The developer shall repair and replace to Town standards any curb and gutter damaged now or during construction of the project. New curb and gutter shall be constructed per Town Standard Detail. The limits of curb and gutter repair will be determined by the Engineering Construction Inspector during the construction phase of the project. (Parks Division) 50. GENERAL. All existing and newly planted trees, except those identified for removal, are specific subjects of approval of this project and shall remain on the site. 51. TREE REPLACEMENT. Replacement trees of a size and number adequate to mitigate the loss of existing mature trees shall be planted on the project site. The new trees shall be included on the comprehensive landscape plan to be reviewed as part of the Architecture & Site approval process. 14 4,.1 52. NEW TREES. Newly planted and relocated trees shall be double- staked, using rubber tree ties and shall be planted prior to acceptance of the subdivision or architecture and site approval as determined by the Parks & Forestry Superintendent. 53. IRRIGATION. All newly planted landscaping shall be irrigated by an in- ground irrigation system. Special care shall be taken to avoid irrigation which will endanger existing native trees and shrubs. 54. WATER EFFICIENCY. This project is subject to the Town's Water Efficient Landscape Ordinance, Chapter 26, Article IV of the Town Code. A fee of $472 shall be paid when the landscape, irrigation plans and water calculations are submitted for review. 55. TREE PROTECTION FENCING. Tree protection fencing shall be placed at the drip lines of existing trees to be retained in the areas of construction. Fencing shall be four foot high chain link attached to steel poles driven two feet into the ground when at the dripline of a tree. If the fencing is within eight feet of the trunk of a tree, a fence base may be used, as is typical in a chain link fence is rented. 15 TO THE SATISFACTION OF THE SANTA CLARA COUNTY FIRE DEPARTMENT: 56. HOSE VALVES /STANDPIPES. The three -story buildings shall be equipped with standpipes designed per NFPA Standard #14, and shall be equipped with 2 1 /2 inch hose valves. The locations of the hose valves may be determined prior to development of the fire sprinkler plan. The existing fire department connection shall be replaced with a devise similar or equal to Potter Roemer Model 5776, four way, individually clappered connection. Domestic water shall not be fed from the fire service line. 57. REQUIRED FIRE FLOW. Required fire flow is 7,250 GPM at 20 psi. residual pressure. 58. AUTOMATIC FIRE SPRINKLER SYSTEM. Buildings requiring a fire flow in excess of 2,000 GPM shall be equipped with an approved automatic fire sprinkler system, hydraulically designed per National Fire Protection Association (NFPA) Standards # 13. The fire sprinkler system shall include 2 %2 -inch hose valve connections to be located within the parking structure. 59. FINAL REQUIRED FIRE FLOW. Required fire flow may be reduced up to 50% in buildings equipped with automatic fire sprinkler systems, but can be no less that 1500 GPM. Therefore, the final required fire flow of 3,625 GPM at 20 psi residual pressure shall be available from any two hydrants on or near the site, provided that they have a maximum spacing of 250 feet. 60. PRIVATE FIRE HYDRANTS. Provide five (5) private on -site fire hydrants installed per NFPA Standard #24, at locations to be determined by the Fire Department. Maximum hydrant spacing shall be 250 feet with a minimum single flow of 1,500 gallons per minute at 20 psi. residual pressure. Prior to design, the project civil engineer shall meet with the lI Fire Department water supply officer to jointly spot the required fire hydrant location. 61. FIRE HYDRANT LOCATION IDENTIFIER. Prior to final inspection, a "blue" dot shall be placed in the roadway near each fire hydrant, as directed by the Fire Department. 62. FIRE LANE MARKING REQUIRED. Provide marking for all roadways within the project. Markings shall be per fire department specifications. Installation shall also conform to Local Government Standards and Fire Department Standard Details & Specifications A -6. 63. FIRE DEPARTMENT KEY BOX. The buildings shall be equipped with a permanently installed emergency access key lock box (knox) conforming to Fire Department Standard detail and Specification sheet K -1. Access keys shall be provided to the Fire Department at the time of final inspection. 64. FIRE APPARATUS (ENGINE) ACCESS ROADS REQUIRED. Provide access roadways with a paved all weather surface and a minimum width of 20 feet, vertical clearance of 13 feet six inches, minimum circulating turning radius complying with Truck #5 specifications. Installations shall conform with Fire Department Standard Details and Specifications A -1. 65. EMERGENCY VEHICLE TURNAROUND. Provide an approved Fire department engine roadway turnaround with a minimum radius complying with Truck #5 specifications. Installations shall conform with the Fire Department Standard Details and Specification sheet A -1. "Roundabouts" shall also comply with these circulation requirements. 66. TIMING OF REQUIRED INSTALLATIONS. The required fire services, fire hydrants and access road installations, up through the first lift of asphalt, shall be in place, inspected, and accepted by the Fire Department prior to the start of framing. Bulk construction materials shall not be delivered to the site until the hydrants and roadway have been accepted. 17 Clearance for building permits will not be given until such time as this requirement is addressed by the developer, to the satisfaction of the Fire Department. During construction, emergency access roads shall be maintained clear and unimpeded. 67. PREMISE IDENTIFICATION. Approved addresses shall be placed on all new buildings so they are clearly visible and legible from the streets or roads fronting the property. Numbers shall be a minimum of four inches high and shall contrast with their background. 18 SECTION VI This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on February 4, 2002, and adopted by the following vote as an ordinance of the Town of Los Gatos at a meeting of the Town Council of the Town of Los Gatos on February 19, 2002. This Ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: Steven Blanton, Sandy Decker, Steve Glickman, Joe Pirzynski, Mayor Randy Attaway. NAYS: None ABSENT- None ABSTAIN: None SIGNED:'�� MAYOR THE TOWN LOS GATOS LOS GATOS, CALIFO A ATTEST: CLERK OF THE TOWN OF L GATOS LOS GATOS, CALIFORNIA 19 cnn R -1:12 od P1. 'St PI. CM y. ghw\ y ss .�I TOWN, { F L G-v AT ' " " S Application No. PD -00 -4 Change of zoning map amending the Town Zoning Ordinance. ❑x Zone Change From: CM To: CM:PD ❑ Prezonin c.Vie Planning Commission Date: 1 p2. Approved by Town Coun it Date: -2/1q ® rd: Town Clerk Major :: u EXHOW, I T